Political reform from the "package": who gets what and when

Before this, Kuchma agreed to "Our Ukraine's" conditions and accepted the resignation of Prosecutor General Hennadii Vasyliev. And immediately after that, the deputies shamefully expelled Serhii Kivalov and Valerii Bondyk from the Central Election Commission.

Olena Lukash, the lawyer who became famous throughout the country for defending Yanukovych's interests in the Supreme Court, did not receive the required number of votes.

402 people's deputies voted for the long-suffering "package," including 78 deputies from "Our Ukraine" and 1 deputy from the Yulia Tymoshenko Bloc. Yushchenko himself did not vote for the "package" with the political reform, although he was in the hall. As Tymoshenko said in comments to journalists, this is her only achievement.

Among Yushchenko's closest circle, those who voted "for" the package were Zinchenko, Poroshenko, Rybachuk, and Pynzenyk.

In the Tymoshenko bloc, the only "defector" turned out to be Anatolii Matviienko, who is the author of two of the package bills and therefore voted "for."

Unanimously voting for the political reform were the Socialist Party of Ukraine, the Communist Party of Ukraine, Havrysh's "Deminitiatives," Lytvyn's People's Agrarian Party of Ukraine, the Social Democratic Party of Ukraine (united), the People's Democratic Party-Peasant Party of Ukraine, "Center," "United Ukraine," "Regions" minus two votes, Hapochka's "Union," the remnants of the "Labor" faction, and 38 out of 40 non-faction deputies.

After the vote, Speaker Lytvyn and President Kuchma signed the drafts, demonstrating the decision to the hall.

Lytvyn called the parliament's decision "an act of consolidation and reconciliation."

Before the decision was adopted, President Kuchma addressed the deputies, noting that in Ukraine "crisis phenomena have arisen more than once, but there was always enough will and reason to find the single correct solution, which was supported first by this hall and then confirmed by society."

"We have heard more than once that there should be no winners and losers, but Ukraine won. I want to add that it is necessary that there also be no humiliated," he noted.

"Many remember how the Constitution was adopted. On some issues, it seemed we would never find a constitutional majority; we voted article by article on the language, coat of arms, and flag. And the parliament was a bit different then, but the Constitution was adopted," Kuchma noted, expressing hope that it would be the same this time.

"I came then with such an understanding, and today as well. This decision is needed by Ukraine," he emphasized.

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According to the constitutional amendments, after the election of the new parliament in 2006, the Verkhovna Rada's term of office will be 5 years. Regular elections to the Verkhovna Rada take place on the last Sunday of March of the 5th year of the parliament's powers.

An elected people's deputy cannot hold another representative mandate or occupy other paid positions (except teaching, scientific, and creative work).

He also cannot combine the mandate of a people's deputy with the position of a member of the Cabinet of Ministers.

In the event of circumstances arising that violate the requirements on the incompatibility of a deputy's mandate with other types of activity, the people's deputy of Ukraine shall, within 20 days from the day such circumstances arise, cease such activity or submit a personal application to resign his or her deputy powers.

The powers of a people's deputy are terminated prematurely in the case of resignation upon personal application, the entry into force of a court conviction, a court declaring the deputy incapacitated or missing, termination of his or her citizenship or departure for permanent residence outside Ukraine, as well as "moonlighting" for more than 20 days.

The powers of a people's deputy are also terminated prematurely in the case of the early termination of the Verkhovna Rada's powers in accordance with the Constitution.

From 2006, the powers of a people's deputy are terminated in the case of the deputy's failure to join or withdrawal from the faction of the party or bloc of parties from which he was elected, by decision of the party's governing body.

In such cases, his powers are terminated prematurely by decision of the highest governing body of the respective political party (electoral bloc) from the day such a decision is adopted.

With the election of the new composition of parliament, the decision on the early termination of a people's deputy's powers in the case of a personal application, termination of citizenship, or departure for permanent residence outside Ukraine will be adopted by the Verkhovna Rada, and in the case of failure to eliminate within 20 days circumstances that violate the requirement on the incompatibility of a deputy's mandate with other types of activity — by a court.

The Verkhovna Rada is competent provided that no fewer than 2/3 of its constitutional composition is elected. In parliament, based on the election results and on the basis of coordination of political positions, a coalition of deputy factions is formed, which includes a majority of people's deputies from the constitutional composition of parliament.

The coalition of deputy factions is formed within one month from the day of the opening of the first session of the Verkhovna Rada.

The coalition of deputy factions, in accordance with the Constitution, submits to the president a proposal on the candidacy of the prime minister, as well as proposals on candidates for the composition of the government.

A deputy faction that includes a majority of people's deputies from the constitutional composition of parliament has the rights of a coalition of deputy factions provided for by the Constitution.

The Verkhovna Rada's powers include, in particular, introducing amendments to the Constitution, calling an all-Ukrainian referendum, approving the president's decision on the use of the Armed Forces of Ukraine and other military formations in the event of armed aggression against the country, removing the president of Ukraine from office through impeachment, and considering and adopting decisions on approving the Cabinet's program of activity.

The parliament's powers also include appointing, upon the president's submission, the prime minister of Ukraine, the minister of defense, and the minister of foreign affairs; appointing, upon the prime minister's submission, other members of the government, the head of the Antimonopoly Committee, the head of the State Committee for Television and Radio Broadcasting, and the head of the State Property Fund; as well as dismissing these persons from their positions, deciding on the resignation of the prime minister and members of the government, and exercising control over the government's activity.

In addition, the Verkhovna Rada's powers include appointing and dismissing, upon the president's submission, the head of the Security Service of Ukraine, the head of the National Bank, and members of the Central Election Commission; granting consent to the president's appointment and dismissal of the prosecutor general; and expressing no confidence in the prosecutor general, resulting in his resignation.

Parliament also appoints and dismisses the head and other members of the Accounting Chamber, the Verkhovna Rada Commissioner for Human Rights, half of the composition of the National Bank Council, half of the composition of the National Council on Television and Radio Broadcasting, and half of the composition of the Constitutional Court; and appoints judges indefinitely.

Parliament is also empowered to approve the general structure and strength and to determine the functions of the Armed Forces, the Security Service, and other military formations created in accordance with laws, as well as the Ministry of Internal Affairs.

The Verkhovna Rada, upon the proposal of the president or no fewer than 1/3 of the people's deputies, may consider the issue of the Cabinet of Ministers' responsibility and adopt a resolution of no confidence in the government by a majority of the constitutional composition of parliament.

At the same time, the issue of the Cabinet of Ministers' responsibility may not be considered by the Verkhovna Rada more than once during one regular session, nor during the year after approval of the Cabinet of Ministers' program of activity, nor during the last session of the Verkhovna Rada.

The president may terminate the parliament's powers prematurely if, within 60 days after the Cabinet's resignation, the personal composition of the government has not been formed, or if, within 30 days of a regular session, plenary sittings cannot begin.

The decision on the early termination of the Verkhovna Rada's powers is adopted by the president of Ukraine after consultations with the speaker of parliament, his deputies, and the leaders of deputy factions. At the same time, the head of state may not dissolve parliament early in the last six months of the term of office of the Verkhovna Rada and the president.

The president of Ukraine may also terminate the parliament's powers prematurely in the event that within one month a coalition of deputy factions is not formed in the Verkhovna Rada.

In the event of the early termination of the president's powers, the performance of his duties for the period until the election and inauguration of a new head of state is entrusted to the speaker of the Verkhovna Rada.

According to the draft law, the Cabinet of Ministers is responsible to the president of Ukraine and the Verkhovna Rada and is controlled by and accountable to parliament within the limits provided for by the Constitution. The Cabinet consists of the prime minister, the first vice prime minister, vice prime ministers, and ministers.

The prime minister is appointed by the Verkhovna Rada upon the president's submission. The president submits the candidacy for appointment to the post of prime minister upon the proposal of the coalition of deputy factions in the Verkhovna Rada or deputy factions that include a majority of people's deputies from the constitutional composition of parliament.

The minister of defense and the minister of foreign affairs are appointed by parliament upon the president's submission. Other members of the Cabinet of Ministers are appointed by the Verkhovna Rada upon the prime minister's submission.

The Cabinet of Ministers resigns before the newly elected Verkhovna Rada. The prime minister and other members of the government have the right to declare their resignation to parliament. The resignation of the prime minister and the adoption by parliament of a resolution of no confidence in the Cabinet of Ministers entail the resignation of the entire composition of the government.

In these cases, the Verkhovna Rada forms a new composition of the government within the timeframes and in the manner provided for by the Constitution. The Cabinet that has resigned continues to perform its powers until the new composition of the government begins work.

Members of the Cabinet and heads of central and local executive bodies do not have the right to combine their official activity with other work (except teaching, scientific, and creative work outside working hours) or to be members of the governing body or supervisory board of an enterprise or organization whose purpose is to make a profit.

Regular elections of the president of Ukraine are held on the last Sunday of the last month of the 5th year of the head of state's powers. In the event of the early termination of the president's powers, elections are held within 90 days from the day of termination of powers.

The president of Ukraine terminates the parliament's powers in the cases provided for by the Constitution. Upon the proposal of the coalition of deputy factions in parliament, the president submits a submission on the appointment by the Verkhovna Rada of the prime minister of Ukraine no later than the 15th day after receiving such a proposal.

The president also submits to the Verkhovna Rada a submission on the appointment of the minister of defense and the minister of foreign affairs of Ukraine, appoints and dismisses the prosecutor general with the consent of the Verkhovna Rada, submits to parliament a submission on the appointment of the head of the Security Service, and appoints and dismisses half of the composition of the National Council on Television and Radio Broadcasting, half of the composition of the Constitutional Court, and half of the composition of the National Bank Council.

The Prosecutor's Office of Ukraine is headed by the prosecutor general, who is appointed and dismissed with the consent of the Verkhovna Rada by the president of Ukraine. The Verkhovna Rada may express no confidence in the prosecutor general, which entails his resignation.

Judges in Ukraine hold their positions indefinitely, except for judges of the Constitutional Court and judges appointed to this position for the first time. A judge is dismissed from office by the body that elected or appointed him upon reaching 65 years of age. The Constitutional Court consists of 18 judges; the president and the Verkhovna Rada each appoint 9 Constitutional Court judges.

The Prosecutor General's Office is granted powers to supervise compliance with the rights and freedoms of man and citizen.

According to the draft law, village, settlement, city, district, and regional councils consist of deputies elected by the residents of the village, settlement, city, district, and region on the basis of universal, equal, direct suffrage by secret ballot for a term of 5 years.

According to the final and transitional provisions of the draft law, the law enters into force on September 1, 2005, provided that by that time amendments to the Constitution concerning the reform of the local self-government system are adopted (draft law 3207-1 — Interfax). If these amendments are not adopted by January 1, 2006, the law enters into force independently on January 1, 2006.

The constitutional composition of parliament in the amount of 450 people's deputies is elected in 2006 on the basis of universal, equal, and direct suffrage by secret ballot under a proportional system with the election of people's deputies in a single nationwide multi-mandate electoral district from electoral lists of candidates for deputies from political parties and electoral blocs of political parties. From these elections, the Verkhovna Rada's term of office is 5 years.

The Cabinet of Ministers formed before the day of inauguration of the president of Ukraine elected in the regular elections in 2004 continues to exercise constitutional powers after this law enters into force.

Upon the government's resignation in the cases provided for by the Constitution, the formation of the new composition of the Cabinet is carried out within 60 days starting from the day of resignation.

The coalition of deputy factions in the Verkhovna Rada, or a deputy faction in parliament that has the rights of a coalition, must be created within 1 month from the day the powers of the Verkhovna Rada elected on a proportional basis in 2006 begin.

In the event of the resignation of the Cabinet of Ministers formed before the day of inauguration of the president of Ukraine elected in 2004, before the day the Verkhovna Rada elected in 2006 acquires powers, the new composition of the government is formed upon the proposal of deputy factions (groups) that include a majority of people's deputies from the constitutional composition of parliament.

Judges of the Constitutional Court appointed by the congress of judges of Ukraine continue to exercise their powers until the Verkhovna Rada and the president appoint new Constitutional Court judges, Interfax-Ukraine reports.

The constitutional amendments enter into force on September 1, 2005, if by that time amendments to the Constitution on local self-government are adopted. If this is not done, the amendments will enter into force on January 1, 2006.

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The changes to the election law are intended to reduce the level of possible falsifications and abuses during the expected and future election campaigns.

In particular, this law addresses a new principle for forming precinct election commissions. The number of absentee certificates is also reduced to 0.5% (it was 4% of the number of voters).

Upon receiving an absentee certificate, a corresponding mark will be placed in the voter's passport or other identity document, which must be canceled at the precinct when he votes with such a certificate.

In addition, voting at home is permitted only for group 1 disabled persons unable to move independently, upon the presence of a corresponding application and a document confirming disability.

Comments

Former Kuchma adviser Oleksandr Volkov considers the events in parliament "Yushchenko's victory."

"Today the main instrument of Yanukovych's falsifications has been demoralized. All officials on the ground understand that they will have to answer for this, and this is the main thing they fear. And the new prosecutor general can hold them accountable," he said.

Volkov disagrees with the opinion that the constitutional amendments, which take effect in eight months or a year, will take powers away from President Yushchenko.

"To avoid losing power, it is enough to obtain it not for eight months but for one day. If there is a latch in your head, that is enough to hold power for 10 years. If there is no latch in your head, then why take power at all?" Volkov said.

Head of Yushchenko's office, people's deputy Oleh Rybachuk, also considers Wednesday's events a victory for Yushchenko. "Yushchenko achieved the main thing — he consolidated the nation. And Yanukovych is now a regional leader."

"After the constitutional amendments enter into force, in the 2006 parliamentary elections the party created on the basis of 'Our Ukraine' will win and will be an instrument for implementing the program of Yushchenko the president," Rybachuk added.

"After 2006, Yushchenko as president will have parliament's support and will be able to do things Kuchma never dreamed of, because he will rely on the Constitution."

Head of the "Democratic Initiatives" faction Dmytro Sandler believes that "the big parties won." "I think we should expect changes to the law on parliamentary elections — the threshold for entry will be raised to 8%."

Also, according to Sandler, "there is a quarrel between Yushchenko and Tymoshenko, but I think it is temporary."

Liudmyla Kyrychenko from "Regions of Ukraine" believes that "the common sense of the people around Yushchenko won."

"I saw how Tymoshenko spoke on 'Novyi Kanal': we need strong power. That is dangerous." According to Kyrychenko, "if we had adopted the constitutional amendments in April, if we had had six votes enough — there would not have been all this confrontation, as in the elections."

Kyrychenko also disagrees that the changes to the election law increase Yushchenko's chances — "they put him and Yanukovych on equal terms."